RACHEL WAIRIMU MUKOMA V. HANNAH WAMBUI GITHERE, WANJIKU GITHERE, HARUN THIONG'O NJIRU, KAGUONGO NJIRI, JOSEPH NJIRI GITHERE & NJIRIRI GITHERE

RULING OF THE COURT

[1] UPON perusing the Notice of Motion application dated 25^th June, 2014 and filed on 28^th June, 2014 and brought under the provisions of Articles 163(4)(b) and (5) of the Constitution as well as Rule 24 of the Supreme Court Rules, 2012 for review of the judgment and order of the Court of Appeal in Nairobi Civil Appeal No. 197 of 2011 dated 25^th July, 2014; and

[2] UPON considering the affidavits by RACHEL WAIRIMU MUKOMA and JAMES KANYORO NJUGUNA both sworn on 25^th June, 2014; and the 1^st Respondent’s Replying affidavit sworn by HANNAH WAMBUI GITHERE on 24^th August, 2015 and filed on 17^th September, 2015; and

[3] UPON reading the written submissions by the Applicant dated and filed on 23^rd September, 2015 wherein the Applicant contends that the intended appeal raises issues of general public interest in that the Applicant’s right to access to justice and fair hearing under Articles 48 and 50 of the Constitution had been violated; that the proceedings relied upon by th…